Noncompetion. During the Term and for any Consulting Period thereafter, Executive shall not, directly or indirectly, without the prior written consent of the Company, provide consultative service to (with or without pay), own, manage, operate, join, control, participate in, or be connected with (as a stockholder, partner, officer, director, employee or otherwise) any business, individual, partner, firm, corporation, or other entity that operates one or more multi-unit restaurant chains in any geographic market in which the Company or any of its subsidiaries then operates or that otherwise directly or indirectly competes with the Company or any of its subsidiaries (a "Competitor of the Company"); PROVIDED, HOWEVER, that the "beneficial ownership" by Executive, either individually or as a member of a "group," as such terms are used in Rule 13d of the General Rules and Regulations under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), of not more than five percent (5%) of the voting stock of any publicly held corporation shall not be a violation of this Agreement. It is further expressly agreed that the Company will or would suffer irreparable injury if Executive were to compete with the Company or any subsidiary or affiliate of the Company in violation of this Agreement and that the Company would by reason of such competition be entitled to injunctive relief in a court of appropriate jurisdiction, and Executive further consents and stipulates to the entry of such injunctive relief in such a court prohibiting Executive from competing with the Company or any subsidiary or affiliate of the Company in violation of this Agreement.
Noncompetion. During the term hereof, the Consultant shall not, directly or indirectly, engage or participate in, become an officer or director of, or render advisory or other services for, or in connection with any entity primarily engaging in the delivery of financial services (including any such services approved for national banks by the Comptroller of the Currency) in the Corporation's trading area (as constituted at any time during the Consultant's engagement with FNB). 6.
Noncompetion. During the Term and the period commencing on the Date of Termination and ending on the first anniversary of the Date of Termination, the Managing Director shall not, without the Company’s prior written consent, whether individually, as a director, manager, member, stockholder, partner, owner, employee, consultant, advisor, agent, or in any other capacity, other than on behalf of the Company or any Affiliates, directly or indirectly, organize, establish, own, operate, manage, control, engage in, participate in, invest in, permit the Managing Director’s name to be used by, act as a consultant or advisor to, render services for (alone or in association with any person, firm, corporation or business organization), or otherwise assist any person that engages in any Competitive Business (as defined below) anywhere in the world. Notwithstanding the prior sentence, nothing shall prevent the Managing Director from owning, for passive investment purposes not intended to circumvent this Contract, less than five percent (5.0%) of the publicly-traded or privately-held common equity securities of any such person. The Managing Director agrees and acknowledges that the Managing Director has the means to support the Managing Director and the Managing Director’s dependents other than by violating the provisions of this Article 5.1, and the provisions of this Article 5.1 will not impair such ability. For purposes of this Section 9, “Competitive Business” shall mean the research, development and/or commercialization (collectively, “Develop”) of any compound that has psychedelic, entactogenic and/or oneirophrenic properties, which is being Developed for the treatment of a mental health disease or disorder, and which Development would be competitive to any business conducted by the Company or any Affiliate or any business of which the Managing Director knows the Company or any Affiliate has specific plans to engage in on the Date of Termination.
Noncompetion. The following restrictions on Licensor’s activities shall apply:
Noncompetion. The Borrower Parties shall not modify, amend or restate the Limited Partnership Agreement without the prior written consent of the MPT Parties, which consent shall not be unreasonably withheld. The Borrower Parties shall not consent to any New Technology Activity (as such term is defined in the Limited Partnership Agreement) without the prior written consent of the MPT Parties, which consent shall not be unreasonably withheld. The Borrower Parties shall not permit any breach, and shall enforce all terms and conditions, of that certain Non-Competition Agreement, dated as of the date hereof, by and among the Borrower Parties and the Guarantors and, to the extent allowed by law, upon any such breach by Guarantors or the Borrower Parties of such Non-competition Agreement and the written request of the MPT Parties, the Borrower Parties shall assign such Non-competition Agreement to the MPT Parties or their designee. The parties hereby acknowledge that, in lieu of such assignment, the MPT Parties may enforce such Non-competition Agreement against the Borrower Parties and the Guarantors as a third party beneficiary thereof.
